Iu

[usmcfigdaddy]

I have recently received a rating of 50% from the VA but I have just lost my job due to the company that I worked for went bankrupt and at the time of my c&p I was still working.Will this help me to ask for an increase and claim iu?

[Teac]

you must be 40% for one rating with a combined of 70% to be considered for tdiu.

i have seen 60 get it before but it's not frequent.

Correct 70% combined with one item rated at 40%.

I received TDIU in 1999 with a single 60% rating it , it happens more than you think.

[Teac]

jim n ok/Teac

This statement is not 100% truth, A veteran can be rated any percentage and get IU. He/She must be service connected and have a doctor's statement stating that his/her disabilities makes him or her unemployable and give a rational but the veteran must ask for IU, VA most likely will not automatically consider for extra schedular consideration.

It may be rare but it is possible.

( B) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

I am not a betting man, but I'll lay odds, that for every 1000 submitted for extra schedular consideration that less that one gets the award. I realize that veterans do get lowballed, but a veteran would have to be on a death bed to get an award of IU under any special consideration ( which only can be granted by the VA in Washington DC) It just does not happen very often. If it did then we would not have so many veterans rated for PTSD and other serious problems out on the street corner begging for handouts.

[broncovet]

TEAC is correct, unfortunately, and it shows that the VA, frankly does not follow the regulations which were highlighted in red in the post below. While the regulation states they are required to submit this to the director, in reality, they almost never do what is required by the regulation.

[pacmanx1]

I agree that this is most likely true but my post was just to inform. Some veterans if their claim warrants it may choose to fight VA. I also admitted in my post that being awarded IU and being rated less than the percentage required would be rare.

[darkhorse]

If you feel you cannot work due to your S/C condition, even at 50%, I would go ahead and put in a claim for IU. A claim for IU is the same as a claim for increase.

The VA is more likely to raise your rating instead of considering extra-schedular consideration. In other words if you meet the requirements for IU you also likely meet the requirement for increased rating.

On the TDIU form it ask if you left your last job due to your service connected condition.

Since you left your last job because of BK this will prolong your claim a bit but this can be good since it will give you time to get all your evidence for TDIU submitted to the VA.

Again, I would go ahead and fill out the TDIU form and turn it in if you cannot work due to your S/C disability since this is basically asking for an increase anyway. This will also secure your effective date.

Here's the form for TDIU. Got this from Berta's post.

http://www.hadit.com/forums/index.php?act=...ost&id=2956

DH

Edited September 22, 2009 by darkhorse

[fanaticbooks]

Another thought to keep in mind.

Whether you are unable to work or not of course depends on your disabilities. I wanted to remind you about Social Security Disability which could be an option. Go to the Forum for SS on this site and you will see some info. SS doesn't go by percentage. It goes by if you can or cannot work and looks at all disabiities not just service connected.

My site also has a section on it.

Just trying to give you some other possibilities.

fanaticbooks